Court finds no criminal intent in long-term consensual relationship despite allegations of deceit over marriage promise.
In a significant decision, the Telangana High Court has quashed criminal proceedings against Pachange Ganesh, who faced charges of cheating and sexual assault under multiple sections of the Indian Penal Code (IPC) related to a prolonged consensual relationship. The case, which revolved around allegations of deceit on a promise of marriage, was dismissed on the grounds that the relationship was consensual and mutually sustained over five years.
The petitioner, Pachange Ganesh, was accused by the complainant of entering a physical relationship under the pretext of marriage, which included mutual decisions such as undergoing an abortion. The complainant alleged that despite promises, the petitioner married another woman, leading her to file a complaint.
Representing Ganesh, Advocate M. Rama Krishna argued that the complainant was a mature, working woman who knowingly engaged in the relationship, aware of its implications. The defense highlighted that the complainant had filed similar complaints against other individuals in the past, suggesting a pattern rather than isolated incidents.
The High Court, led by Justice Smt. Tirumala Devi Eada, assessed the circumstances, noting that both parties were adults who consciously participated in the relationship. The court emphasized that the complainant, being an informed adult, had continued the relationship even after significant events like the abortion, indicating consent and awareness.
The judgment cited a precedent from the Supreme Court in "Prashant v. State of NCT of Delhi," reinforcing that consensual relationships that do not culminate in marriage cannot be grounds for criminal prosecution. The court underscored that prosecuting consensual relationships as criminal acts could amount to an abuse of legal processes.
In conclusion, the court found that no dishonest intent or criminality was evident in the petitioner's actions, leading to the quashing of all charges. This decision marks a critical interpretation of consensual relationships within legal frameworks, potentially influencing future cases of similar nature.
Bottom Line:
Consensual relationship based on alleged promise of marriage - Allegations of cheating and sexual assault under IPC Sections 376(2)(n), 417, 420, and 312 quashed as promise of marriage, abortion, and physical relationship continued over a period of five years, with mutual consent and awareness of consequences by the complainant.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Indian Penal Code Sections 376(2)(n), 417, 420, 312.
Pachange Ganesh v. State of Telangana, (Telangana) : Law Finder Doc id # 2868177
